FMLA and ADA disclosure, protection

Asked 10 months ago - Phoenix, AZ

I was terminated for "dishonesty" surrounding the use of benefits provided by my employer. I was dishonest out of fear because I felt I would have to disclose an embarrassing medical condition for which I had a fully authorized FMLA and is covered by the ADA. Following an investigation period I took responsibility for my actions, in doing so I disclosed my condition in an attempt to demonstrate how that impacted my decision making at that point in time. I was then terminated for being dishonest during a company investigation. Does having the FMLA and its usage constitute "reasonable accommodation" or qualify as disclosure as outlined in the ADA?

Attorney answers (1)

  1. Christine C McCall


    Contributor Level 20


    Lawyer agrees

    Answered . Your question as framed -- last sentence of your post -- does not make sense, and it may be that there are some embedded assumptions that are inapplicable. The law of "reasonable accommodation" does not generally rest on "disclosure" issues, and utilization of FMLA is ordinarily a separate issue from ADA rights, obligations and processes. But I sense that there is a need here for a more detailed factual statement in order to provide you a sound answer. You may prefer not to post details here. In that event, seek out a local skilled and experienced employment attorney for a full consultation.

    In general, employee dishonesty will justify termination -- period. Neither use or eligibility for use of FMLA or ADA or other statutory employment benefits or protections will ordinarily shield an employee from termination for dishonesty, even (perhaps especially) where the dishonesty is about the use of the statutory benefit. In general, employees are expected to decline to provide info in response to an employer query for info that the employer is not entitled to, and not to lie or offer untruthful materials. It would be unusual for an act of dishonesty to be determined to be a manifestation of disability or covered medical condition. You really should talk in depth with an employment attorney. Call Mishka Marshall in Phoenix -- she is very good.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

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